Atadzhanov v. The New York City
- Colleen McMahon
- 1:21-cv-02911
- U.S. District Court · Southern District of New York
- 2
In Atadzhanov v. The New York City, Judge McMahon ordered Mirzo Atadzhanov to pay fees or submit prisoner authorization within 30 days.
Mirzo Atadzhanov, a detained prisoner representing himself, must either pay the required fees or submit the required prisoner authorization within 30 days to avoid dismissal under the order.
What happened
Atadzhanov v. The New York City concerns Mirzo Atadzhanov’s request to proceed without paying court fees in advance while detained at the North Infirmary Command on Rikers Island. He submitted an application to proceed without prepayment but did not submit the required prisoner authorization.
The court ordered Atadzhanov, within 30 days, either to pay $402 in fees or submit the prisoner authorization allowing installment withdrawals from his account and providing required account statements. The court also directed the Clerk to mail him the order, and no summons was issued at that time.
Judge Colleen McMahon stated that the case would be processed if Atadzhanov complied and would be dismissed if he did not comply within the allowed time. She also denied fee-free status for an appeal and warned about possible filing “strikes” for certain future dismissals.
The detailed version
- Atadzhanov v. The New York City · No. 1:21-cv-02911
- Colleen McMahon
- Apr. 6, 2021
Background
Mirzo Atadzhanov, who was detained at the North Infirmary Command on Rikers Island, brought this civil action without a lawyer. The opinion identifies the defendants as The New York City and The New York City Department of Correction.
A prisoner who wants to bring a civil action without paying the filing fees in advance must submit a signed application for that status and a prisoner authorization. The authorization permits the court to collect the $350 filing fee in installments from the prisoner’s account and requires certified account statements for the preceding six months. The $52 administrative fee does not apply to a person granted this status.
Order
Atadzhanov submitted the application but not the prisoner authorization. The court ordered him, within 30 days of the order, either to pay $402 in fees or complete and submit the attached prisoner authorization labeled with docket number 21-CV-2911 (CM).
The Clerk was directed to mail the order to Atadzhanov and record service on the docket. No summons was to issue at that time. The court stated that, if Atadzhanov complied, the case would be processed under the Clerk’s Office procedures. If he failed to comply within the allowed time, the action would be dismissed.
Appeal and filing-strike warning
The court certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The court also cautioned that a prisoner may receive a filing “strike” if a federal civil action is dismissed as frivolous, malicious, or for failing to state a claim. After three such strikes, a prisoner generally may not file new actions without prepaying the fees unless the prisoner faces imminent danger of serious physical injury.
What the order did not decide
The order addressed filing-fee and authorization requirements. It did not decide the underlying claims against the defendants.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.